Can a police officer have his child in the patrol vehicle with him while on duty?

Local officer had his child in the front seat of his patrol vehicle during a traffic violation and arresting the offender.

Asked on March 9, 2011 under Criminal Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is quite an unusual situation.  There is most probably some departmental regulation prohibiting this.  However, whether or not there is, a child being present during an arrest would not in and of itself invalidate the arrest.  Although,the officer could certainly find themselves in hot water with their superiors.


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